February 15, 2012 - A final rule has gone into effect allowing the U.S. Department of State (DOS) to issue L visas based on the visa reciprocity schedule.  Under current regulations, L visa issuance is limited to the petition validity period, which is determined by the Department of Homeland Security and cannot exceed three years. The DOS has changed the regulation to allow a visa to be issued for the same period as determined in the reciprocity schedule, which reflects the reciprocal treatment the foreign national applicant’s country accords U.S. nationals. 

BAL Comment:  This new rule will not affect all L-1 visa applicants.  However, for countries for which L-1 visa issuance is permitted in excess of three years, the number of visa applications that a foreign national will need to make will be reduced.

One important consideration is that Customs & Border Protection (CBP) admits L-1 visa holders for at most a three-year period.  Currently, there have been no indications that CBP will admit L-1 visa holders for the duration of the visa, if the visa is issued for a period longer than three years.  Therefore, it is important for L-1 foreign nationals to continue to provide a copy of their I-94 card to their BAL attorney so that the expiration may be properly tracked.

- Berry Appleman & Leiden LLP